Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-07-29
LOCAL INTELLIGENCE.
ouarreIIng Journalists.

The case of I. J. Duncan, charged with
obtaining money and other property from
Milton McWhorter by false and fraudulent
representations, came up in the Police
Court yesterday morning. The complain
ing witness was represented by Attorneys
Hart and Horton, the defendant by Major
Anderson. Mr.. McWhorter was the first
witness, and explained how, on the 9th of
October, he purchased third interest in
what is known as the Egening Star, includ-
ing the business, material and machinery
appertaining thereto. Defendant had in
formed him that he was the sole proprietor
and on this representation he purchased,
paving Mr.. Duncan $25 in coin and giving
him a note for 1925. A contract or bill OF
sale was drawn up and signed, which Mr..
McWhorter lett in the keeping of defend
ant. The 18th of October was the date
when possession was to be given, but when
applied 10 on that date defendant refused
TO give possession. Mr.. McWhorter then
became suspicious and demanded the re-
turn of the note, which Duncan repre-
scented as being in the hands of friend in
the country as pledge for 800.
A copy Of the bill Of sale executed by
Duncan was offered in evidence Witness
also testified that one Halsted purchased q
q
standing being that the three were to en-
large the Star and run it jointly as red
hot Democratic evening journal. 4 SINH
lar contract of sale was given to Halsted
At the time of the purchase, defendant had
acknowledged that he owed r. ID. Stephens
$50, but witness afterwards found out that
the representations made by Duncan were
false, inasmuch as he owed Stephens al
least $3.50. He promised to pay Stephens
from the proceeds of the note given by
witness.
GETTING SUSPICIOUS.
Witness said that he sent his business
manager on the 10Th of October to take
possession, but he returned stating that
Duncan had refused He then went in
person, and Duncan told him the business
man proved too much Of busy body and
was too important in his manner, hence
the refusal. This statement helped to con-
firm Mr.. McWhorter that he was being
robbed and asked the return of the note
The first knowledge he had of the where
abouts of said note was when the Bank OF
Marysville presented it for collection He
had resisted payment on the grounds OF
fraud, but paid il after suit and Judgment
Mr.. McWhorter testified that he had the
money, and but for the small rodent he
smelled in the transaction would have
pressed the matter of possession. He told
Duncan he felt that he was being robbed
and offered to forfeit 500, but Duncan was
not inclined to accommodate him by re-
turn of the note.
Mr. Abbott, of the California State Bank,
had loaned Mr. Duncan $3.50, and taken
the McWhorter note as security. Brought
suit at Duncan's suggestion and collected
the same. McWhorter told him that he
r(o1 in ho
bott considered McWhorter's note good al
the time.
John a. Apperson, the editor OF the .Star
testified that he bought the outfit from
Stephens, 6arey and Parsons, and had paid
Duncan $50 for his good will. Quite re-
luctantly Mr. Apperson produced a bill OF
sale signed by Duncan purporting to con-
vey the whole concern for $50.
II. d. Stephens had no interest in the
publication, but owned two-thirds of the
material. Had rented it to Duncan for $50
per month, with the understanding that il
paid each month without default Mr. Dun
can should have the property when the
payments amounted to $3.50. If not so
paid, then what was paid should be for
feited. He knew of Duncan paying but $40.
unless it had been paid TO Mr.. Parsons
Mr.. Stephens never had relinquished his
title, and never authorized Duncan to
sell it,
THE DEFENSE.
W. L. Talbot, Mr.. Duncan book keeper
could throw no light on the question OF
ownership or payments.
Mr.. Duncan took the stand in his OWL
behalf and briefly told his side of the story
He had been importuned by McWhortel
and his friend, Halsted until he consented
to sell each n third interest for specified
sums. Each paid him $25 and gave note:
for $3.50, with the understanding that eacl
would pay $50 on his note next day or for
felt both money and note. Their failure t
do 50 was the reason he would not deliver
the goods would have accepted the money
any time within two or three days HI
still held Halsted's note, but thought i
worthless, as he had skipped out, being
charged with selling some lots somewhere
that he had no title in. Was sure he had
told McWhorter about the Indebtedness tC
r. d. Stephens. Had told McWhortero once
that he did not want to take advantage Of
him, and would still sell him a third inter
est and knock off hundred dollars from
original contract, but Mr.. McWhorter de
clfned after visiting Mr.. Stephens, sayin,
he would rather lose the whole business
Major Anderson testified that as the at
torney for the bank he had collected tn,
money on the McWhorter note at the in
stance of the bank.
This closed the testimony, and the cas-
was adjourned till this morning for argu
ment.